New South Wales Nurses Association v Calvary Retirement Community Cessnock [2006] NSWIRComm 333

Industrial Relations Commission of New South Wales

CITATION: New South Wales Nurses Association v Calvary Retirement Community Cessnock [2006] NSWIRComm 333

PARTIES: New South Wales Nurses Association Calvary Retirement Community Cessnock

FILE NUMBER(S): IRC 5780 of 2005; IRC 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1270, 1271, 1383, 1611 of 2006

CORAM: Harrison DP

CATCHWORDS: Notification under s 130 - Applications pursuant to s 84 - Application of State Government Nursing Homes Framework Agreement (SGNHFA) - displaced employees - meaning of displaced - application of award right to 19 day month unless agreed otherwise - option to employee - capacity of employer to dismiss or displace employees. Held - SGNHFA continues to apply - a displaced employee is as defined in Public Sector - employees not displaced within meaning of SGNHFA - restructure of employment by replacing full time positions with part time positions not valid - restructure attempt to avoid award right to 19 day month not available to employer.

LEGISLATION CITED: Industrial Relations Act 1996

Nesci v TAFE Commission of NSW (No 2) [2005] NSWADT 183 Jozef Banas v State of New South Wales [2003] NSWIRComm 317 CASES CITED: Awards Nursing Homes, &c, Nurses' (State) Award 354 IG 550 Public Hospital Nurses (State) Interim Award 337 IG 180

HEARING DATES: 10/07/06, 20/07/06, 24/07/06, 21/08/06

DATE OF JUDGMENT: 10/27/2006

APPLICANT Counsel for NSW Nurses Association Mr N Dawson